Legal Opinion

Tolmas v. Parish of Jefferson

Louisiana Court of Appeal

Decided February 20, 2013No. 47,555-CAPublished

1Opinion of the Court

HARRISON, J. (Ad Hoc).

_JjThe defendant, the Parish of Jefferson (“Parish”), appeals from a trial court judgment enforcing a permanent injunction against it.1 The plaintiff is Morning Park, LLC (“Morning Park”), the successor in title to the original plaintiff, Oscar J. Tol-mas. For the following reasons, we reverse the trial court judgment.

FACTS

In June 1957, Mr. Tolmas purchased a piece of property in Jefferson Parish. The majority of the property was to be developed as a residential neighborhood. On the subdivision plan, the land at issue here, Square 1, was labeled as commercial. Jefferson…

2Cases cited8 opinions

  1. Mitchell v. BertollaSupreme Court of Louisiana · 1976
  2. Redfearn v. CreppelSupreme Court of Louisiana · 1984
  3. Jenkins v. St. Tammany Parish Police JurySupreme Court of Louisiana · 1999
  4. Sanchez v. BD. OF ZONING ADJUSTMENTS OF CITY OF NEW ORLEANSLouisiana Court of Appeal · 1986
  5. South Central Bell Telephone Co. v. DempsterLouisiana Court of Appeal · 1973

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